PRC Arbitration Law (Amended Draft) (Draft for Comments)

Issued: November 8, 2024

Main contents:  Before or in the course of an arbitration procedure, a party may, with a view to ensuring the conduct of the arbitration procedure, the ascertainment of the facts in dispute or the enforcement of the award, petition a people’s court or the arbitral tribunal to take interim or emergency measures relating to the subject matter of the dispute. Interim measures include property preservation, evidence preservation, behavior preservation and other short-term measures deemed necessary by the arbitral tribunal (Article 43).

Where an arbitral award rendered outside of the territory of the People’s Republic of China requires recognition and enforcement by a people’s court, the party concerned shall apply directly to the intermediate people’s court of the place where the judgment debtor is domiciled or of the place where the property of the person subjected to enforcement is located. Where the person subjected to enforcement or such person’s property is not within the territory of the People’s Republic of China but there is a connection between such person’s case and a case before a people’s court, the party concerned may apply to the people’s court that accepted the connected case. Where the person subjected to enforcement or such person’s property is not within the territory of the People’s Republic of China but there is a connection between such person’s case and an arbitration case in the territory of the PRC, the concerned party may apply to the intermediate people’s court of the place where the arbitration institution is located or of the seat of arbitration. The people’s court shall handle the same in accordance with an international treaty or agreement concluded or acceded to by the People’s Republic of China or in accordance with the principle of reciprocity (Article 87).